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(영문) 의정부지방법원 2018.07.18 2017가합53347

소유권이전등기

Text

1. Of the instant lawsuit, the part regarding the creditor subrogation claim against Defendant F Co., Ltd. is dismissed.

2. The plaintiff's network.

Reasons

1. Basic facts

A. On April 1, 2015, Plaintiff Company: (a) concluded a contract with Plaintiff Company for the construction work of multi-household housing (hereinafter “instant multi-household housing”) on three parcels, other than Gyeonggi-gu G, Gyeonggi-gu, and for the construction work of multi-household housing (hereinafter “instant construction work”); (b) on April 1, 2015; (c) on August 31, 2015; (d) the completion date of the construction work; and (e) the construction work price of KRW 2,460,00,000 (including value-added tax).

B. The Plaintiff Company and B agreed on the terms of the instant construction contract (hereinafter “the instant construction contract”) with a special agreement, and the Plaintiff Company voluntarily raised the necessary expenses for the instant construction. The Plaintiff Company shall be responsible for the completion of construction with loans secured by the instant real estate and the intermediate payment loans and construction expenses financed by the buyer as construction expenses (Article 33(1) of the instant construction contract), and B shall pay the total construction expenses within 30 days after the completion of construction (Article 33(1) of the instant construction contract) and shall be paid within 30 days after the completion of construction. However, the construction expenses may be adjusted by consultation with the Plaintiff Company in the event that the difference arises after settling the sale price and the completion loan, and the substitute amount may be adjusted by 140,000,000 won in consultation with the Plaintiff Company, and the sales contract amount may be provided by up to five households as security in lieu of the framework construction expenses after the completion of the shipbuilding construction work, and the Plaintiff Company shall return the remainder to the Plaintiff Company to the Plaintiff Company 5 as a collateral.

(Article 33(5)(c) of the instant construction contract.

When it is anticipated that the instant construction will be delayed, the Plaintiff Company and B will borrow necessary funds from the Plaintiff Company by establishing the instant multi-household housing as collateral from the credit service provider introduced by the Plaintiff Company on September 18, 2015. However, the total amount of loans shall be KRW 1,200,000,000, and the construction payment shall be directly made from the subcontractor Company with the above borrowed funds.